S.I. No. 232/2005 - European Communities (Materials and Articles Intended To Come Into Contact With Foodstuffs) Regulations 2005


STATUTORY INSTRUMENTS

S.I. No. 232 of 2005

European Communities (Materials and Articles Intended to come into Contact with Foodstuffs) Regulations 2005

I, Micháel Martin, Minister for Enterprise, Trade and Employment in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 ( No. 27 of 1972 ) and for the purpose of giving effect to Commission Directive 2004/13/EC1 of 29 January 2004, hereby make the following regulations:

1.         (1)      These Regulations may be cited as the European Communities (Materials and Articles Intended to come into Contact with Foodstuffs) Regulations 2005.

(2)      The European Communities (Materials and Articles Intended to come into Contact with Foodstuffs) Regulations 1991 to 2003, and these Regulations, may be cited together as the European Communities (Materials and Articles Intended to come into Contact with Foodstuffs) Regulations 1991 to 2005.

2.        In these Regulations “Principal Regulations” means the European Communities (Materials and Articles Intended to come into Contact with Foodstuffs) Regulations 1991 ( S.I. No. 307 of 1991 ).

3.        Regulation 2(1) of the Principal Regulations is amended -

(a)        in the definition of “Commission Directives”, by substituting the following for paragraphs (q) and (r):

“(q)      Commission Directive 2002/17/EC2 of 21 February 2002,

(r)        Commission Directive 2002/16/EC3 of 20 February 2002, and

(s)        Commission Directive 2004/13/EC 4 of 29 January 2004.”,

and

(b)        by substituting the following for the definition of “Specific Directives”:

“ ‘Specific Directives’ means Council Directive 78/142/EEC, Council Directive 82/711/EEC, Council Directive 84/500/EEC, Council Directive 85/572/EEC, Commission Directive 90/128/EEC Commission Directive 93/10/EEC, Commission Directive 93/11/EEC Commission Directive 2002/16/EC and Commission Directive 2004/13/EC.”.

4.        Regulation 18 (inserted by the European Communities (Materials and Articles Intended to come into Contact with Foodstuffs) Regulations 2003 ( S.I. No.76 of 2003 )) of the Principal Regulations is amended -

(a)        in paragraph (1), by substituting the following for the definition of “Directive”:

“ ‘Directive’ means Commission Directive 2002/16/EC as amended by Commission Directive 2004/13/EC;”,

(b)        in paragraph (9), by deleting “ ‘BADGE’,”, and

(c)        by inserting the following after paragraph (9):

“(10)   Either or both the use and presence of ‘BADGE’ in the manufacture of materials and articles shall not be permitted after 31 December 2005.

(11)    (a)       The requirements relating to the date of filling specified in paragraph (7) may be replaced by another indication, provided that this indication permits the identification of the date of filling.

(b)       Upon request the date of filling shall be made available to the competent authorities authorised officers and any person enforcing the requirements of this Regulation.”.

/images/seal.jpg

GIVEN under my Official Seal, 4th May 2005.

Micháel Martin

Minister for Enterprise, Trade and Employment.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The purpose of these Regulations is to give legal effect to Commission Directive 2004/13/EC amending Commission Directive 2002/16/EC on the use of certain epoxy derivatives in materials and articles intended to come into contact with foodstuffs.

1 OJ No. L 27, 30.01.2004, p.46

2 OJ No. L 58, 21.02.2002, p.19

3 OJ No. L 51, 22.02.2002, p.27

4 OJ No. L 27, 30.01.2004, p.46